Известия высших учебных заведений. Поволжский регион: Общественные науки (Sep 2020)

DUTIES OF THE INDIVIDUAL IN FOREIGN CONSTITUTIONS

  • E. A. Kapitonova

DOI
https://doi.org/10.21685/2072-3016-2020-3-3
Journal volume & issue
no. 3

Abstract

Read online

Background. In the context of the increased legal science’s attention to the rights and freedoms of the individual, the absence of a similar scientific curiosity about duties is stated. The purpose of the article is to analyze the content of binding norms in modern constitutions of foreign states. Materials and methods. The subject of the analysis was 67 constitutions of various countries of the world, which were studied in the format of English-language texts listed on the official websites of the highest bodies of state power of the respective country. The study used formal legal and comparative legal methods, as well as the method of system analysis. Results. It is concluded that it is possible to divide the personal duties into three groups: 1) duties inherent in almost all constitutions; 2) duties mentioned at least in one third of cases; 3) rare and unparalleled duties in the world. The content of duties included in each of these categories is analyzed. The theoretical positions presented in the article can be used in further scientific research, as well as in the learning process. Conclusions. Comparison of the statement of homogeneous duties, which was carried out in the course of the study, made it possible to identify typical and atypical approaches to their definition in the fundamental laws of various states. Conclusions are drawn about the peculiarities of the content of individual duties depending on the region to which the country belongs, as well as its political regime.

Keywords